VOID MARRIAGES
Art. 35. The following marriages shall be void from the beginning:
(Min-NA-Lic-Bi-MI)
(1) Those contracted by any party below eighteen years of age even
with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to
perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing
officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the
preceding Chapter;
(4) The innocent spouse may revoke the designation of the other
spouse who acted in bad faith as beneficiary in any insurance policy,
even if such designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith
shall be disqualified to inherit from the innocent spouse by testate
and intestate succession. (n)
Article 44.
Article 44 of the Family Code If both spouses of the subsequent
marriage acted in bad faith, said marriage shall be void ab initio and
all donations by reason of marriage and testamentary dispositions
made by one in favor of the other are REVOKED BY OPERATION OF
LAW.
VOIDABLE MARRIAGES
(4) Those bigamous or polygamous marriages not failing under
Article 41;
(5) Those contracted through mistake of one contracting party as to
the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
essential marital obligations of marriage, shall likewise be void even
if such incapacity becomes manifest only after its solemnization.
(As amended by Executive Order 227)
Art. 37. Marriages between the following are incestuous and void
from the beginning, whether relationship between the parties be
legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
(81a)
Art. 38. The following marriages shall be void from the beginning for
reasons of public policy:
(1) Between collateral blood relatives whether legitimate or
illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent and the
adopted child;
(6) Between the surviving spouse of the adopted child and the
adopter;
(7) Between an adopted child and a legitimate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the
other, killed that other person’s spouse, or his or her own spouse.
Art. 43. The termination of the subsequent marriage referred to in
the preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership,
as the case may be, shall be dissolved and liquidated, but if either
spouse contracted said marriage in bad faith, his or her share of the
net profits of the community property or conjugal partnership
property shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a previous
marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if
the donee contracted the marriage in bad faith, such donations
made to said donee are revoked by operation of law;
Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the
marriage: (CUFFPS)
(1) That the party in whose behalf it is sought to
have the marriage annulled was eighteen years of
age or over but below twenty-one, and the
marriage was solemnized without the consent of
the parents, guardian or person having substitute
parental authority over the party, in that order,
unless after attaining the age of twenty-one, such
party freely cohabited with the other and both lived
together as husband and wife;
(2) That either party was of unsound mind, unless
such party after coming to reason, freely cohabited
with the other as husband and wife;
(3) That the consent of either party was obtained by
fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud, freely
cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by
force, intimidation or undue influence, unless the
same having disappeared or ceased, such party
thereafter freely cohabited with the other as
husband and wife;
(5) That either party was physically incapable of
consummating the marriage with the other, and
such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a sexuallytransmissible disease found to be serious and
appears to be incurable.